The U.S. Department of Education has released a rule regarding coronavirus relief funds that would prohibit postsecondary institutions from allocating the funds provided for direct student relief to foreign nationals, non-citizens, and other students not eligible for federal financial aid. Notably, the rule now moves to the public comment period, and will not be enforced retroactively.
The rule relates to the Higher Education Emergency Relief Fund (HEERF) that was established in the CARES Act. HEERF requires at least half of funds provided in each institution’s original allocation to flow to students for emergency cash grants, and so this rule is aimed to prevent certain students from receiving these funds. The rule would align HEERF funding eligibility with Title IV eligibility. In addition to non-citizens, the rule would also prohibit funding for students who are dual-enrolled in secondary school, are not meeting academic progress standards, are in default on federal student loans, lack a high school diploma or equivalent, or are in programs not eligible under Title IV. If the rule is implemented as written, many students in CTE programs would be ineligible for aid.
The Rule can be found here, and a 30-day public comment period will begin on Monday, June 15. ACTE weighed in on the original guidance on this issue that excludes many CTE students, and will also be submitting comments in opposition to this proposed rule.
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